Article 4.

Sedimentation Pollution Control Act of 1973.

113A-50. Short title.
This Article shall be known as and may be cited as the "Sedimentation Pollution
Control Act of 1973." (1973, c. 392, s. 1.)
113A-51. Preamble.
The sedimentation of streams, lakes and other waters of this State constitutes a
major pollution problem. Sedimentation occurs from the erosion or depositing of soil
and other materials into the waters, principally from construction sites and road
maintenance. The continued development of this State will result in an intensification
of pollution through sedimentation unless timely and appropriate action is taken.
Control of erosion and sedimentation is deemed vital to the public interest and
necessary to the public health and welfare, and expenditures of funds for erosion and
sedimentation control programs shall be deemed for a public purpose. It is the purpose
of this Article to provide for the creation, administration, and enforcement of a
program and for the adoption of minimal mandatory standards which will permit
development of this State to continue with the least detrimental effects from pollution
by sedimentation. In recognition of the desirability of early coordination of
sedimentation control planning, it is the intention of the General Assembly that
preconstruction conferences be held among the affected parties, subject to the
availability of staff. (1973, c. 392, s. 2; 1975, c. 647, s. 3.)
113A-52. Definitions.
As used in this Article, unless the context otherwise requires:
(1)
Repealed by Session Laws 1973, c. 1417, s. 1.
(1a)
"Affiliate" has the same meaning as in 17 Code of Federal
Regulations 240.12(b)-2 (1 June 1993 Edition), which defines
"affiliate" as a person that directly, or indirectly through one or more
intermediaries, controls, is controlled by, or is under common control
of another person.
(2)
"Commission" means the North Carolina Sedimentation Control
Commission.
(3)
"Department" means the North Carolina Department of
Environment and Natural Resources.
(4)
"District" means any Soil and Water Conservation District created
pursuant to Chapter 139, North Carolina General Statutes.
(5)
"Erosion" means the wearing away of land surface by the action of
wind, water, gravity, or any combination thereof.
(6)
"Land-disturbing activity" means any use of the land by any person
in residential, industrial, educational, institutional or commercial

(7)

(7a)

(8)

(9)
(10)

(10a)

(10b)
(11)

development, highway and road construction and maintenance that

results in a change in the natural cover or topography and that may
cause or contribute to sedimentation.
"Local government" means any county, incorporated village, town,
or city, or any combination of counties, incorporated villages, towns,
and cities, acting through a joint program pursuant to the provisions
of this Article.
"Parent" has the same meaning as in 17 Code of Federal Regulations
240.12(b)-2 (1 June 1993 Edition), which defines "parent" as an
affiliate that directly, or indirectly through one or more
intermediaries, controls another person.
"Person" means any individual, partnership, firm, association, joint
venture, public or private corporation, trust, estate, commission,
board, public or private institution, utility, cooperative, interstate
body, or other legal entity.
"Secretary" means the Secretary of Environment and Natural
Resources.
"Sediment" means solid particulate matter, both mineral and
organic, that has been or is being transported by water, air, gravity, or
ice from its site of origin.
"Subsidiary" has the same meaning as in 17 Code of Federal
Regulations 240.12(b)-2 (1 June 1993 Edition), which defines
"subsidiary" as an affiliate that is directly, or indirectly through one
or more intermediaries, controlled by another person.
"Tract" means all contiguous land and bodies of water being
disturbed or to be disturbed as a unit, regardless of ownership.
"Working days" means days exclusive of Saturday and Sunday
during which weather conditions or soil conditions permit landdisturbing activity to be undertaken. (1973, c. 392, s. 3; c. 1417, s. 1;
1975, c. 647, s. 1; 1977, c. 771, s. 4; 1989, c. 179, s. 1; c. 727, s.
218(60); 1989 (Reg. Sess., 1990), c. 1004, s. 19(b); 1991, c. 275, s. 1;
1993 (Reg. Sess., 1994), c. 776, s. 1; 1997-443, s. 11A.119(a).)

113A-52.01. Applicability of this Article.

This Article shall not apply to the following land-disturbing activities:
(1)
Activities, including the breeding and grazing of livestock,
undertaken on agricultural land for the production of plants and
animals useful to man, including, but not limited to:
a.
Forages and sod crops, grains and feed crops, tobacco, cotton,
and peanuts.
b.
Dairy animals and dairy products.

c.
d.

(2)

(3)
(4)

Poultry and poultry products.

Livestock, including beef cattle, llamas, sheep, swine, horses,
ponies, mules, and goats.
e.
Bees and apiary products.
f.
Fur producing animals.
Activities undertaken on forestland for the production and
harvesting of timber and timber products and conducted in
accordance with best management practices set out in Forest Practice
Guidelines Related to Water Quality, as adopted by the Department.
Activities for which a permit is required under the Mining Act of
1971, Article 7 of Chapter 74 of the General Statutes.
For the duration of an emergency, activities essential to protect
human life. (1993 (Reg. Sess., 1994), c. 776, s. 2; 1997-84, s. 1.)

113A-52.1. Forest Practice Guidelines.

(a)
The Department shall adopt Forest Practice Guidelines Related to Water
Quality (best management practices). The adoption of Forest Practices Guidelines
Related to Water Quality under this section is subject to the provisions of Chapter
150B of the General Statutes.
(b)
If land-disturbing activity undertaken on forestland for the production and
harvesting of timber and timber products is not conducted in accordance with Forest
Practice Guidelines Related to Water Quality, the provisions of this Article shall apply
to such activity and any related land-disturbing activity on the tract.
(c)
The Secretary shall establish a Technical Advisory Committee to assist in
the development and periodic review of Forest Practice Guidelines Related to Water
Quality. The Technical Advisory Committee shall consist of one member from the
forest products industry, one member who is a consulting forester, one member who is
a private landowner knowledgeable in forestry, one member from the United States
Forest Service, one member from the academic community who is knowledgeable in
forestry, one member who is knowledgeable in erosion and sedimentation control, one
member who is knowledgeable in wildlife management, one member who is
knowledgeable in marine fisheries management, one member who is knowledgeable
in water quality, and one member from the conservation community. (1989, c. 179, s.
2.)
113A-53. Repealed by Session Laws 1973, c. 1262, s. 41.
113A-54. Powers and duties of the Commission.
(a)
The Commission shall, in cooperation with the Secretary of Transportation
and other appropriate State and federal agencies, develop, promulgate, publicize, and
administer a comprehensive State erosion and sedimentation control program.

(b)
The Commission shall develop and adopt and shall revise as necessary
from time to time, rules and regulations for the control of erosion and sedimentation
resulting from land-disturbing activities. The Commission shall adopt or revise its
rules and regulations in accordance with Chapter 150B of the General Statutes.
(c)
The rules and regulations adopted pursuant to G.S. 113A-54(b) for
carrying out the erosion and sedimentation control program shall:
(1)
Be based upon relevant physical and developmental information
concerning the watershed and drainage basins of the State, including,
but not limited to, data relating to land use, soils, hydrology, geology,
grading, ground cover, size of land area being disturbed, proximate
water bodies and their characteristics, transportation, and public
facilities and services;
(2)
Include such survey of lands and waters as may be deemed
appropriate by the Commission or required by any applicable laws to
identify those areas, including multijurisdictional and watershed
areas, with critical erosion and sedimentation problems; and
(3)
Contain conservation standards for various types of soils and land
uses, which standards shall include criteria and alternative techniques
and methods for the control of erosion and sedimentation resulting
from land-disturbing activities.
(d)
In implementing the erosion and sedimentation control program, the
Commission shall:
(1)
Assist and encourage local governments in developing erosion and
sedimentation control programs and, as a part of this assistance, the
Commission shall develop a model local erosion and sedimentation
control ordinance. The Commission shall approve, approve as
modified, or disapprove local programs submitted to it pursuant to
G.S. 113A-60.
(2)
Assist and encourage other State agencies in developing erosion and
sedimentation control programs to be administered in their
jurisdictions. The Commission shall approve, approve as modified, or
disapprove programs submitted pursuant to G.S. 113A-56 and from
time to time shall review these programs for compliance with rules
adopted by the Commission and for adequate enforcement.
(3)
Develop recommended methods of control of sedimentation and
prepare and make available for distribution publications and other
materials dealing with sedimentation control techniques appropriate
for use by persons engaged in land-disturbing activities, general
educational materials on erosion and sedimentation control, and
instructional materials for persons involved in the enforcement of this

Article and erosion and sedimentation control rules, ordinances,

regulations, and plans.
(4)
Require submission of erosion and sedimentation control plans by
those responsible for initiating land-disturbing activities for approval
prior to commencement of the activities.
(e)
To assist it in developing the erosion and sedimentation control program
required by this Article, the Commission is authorized to appoint an advisory
committee consisting of technical experts in the fields of water resources, soil science,
engineering, and landscape architecture.
(f)
Repealed by Session Laws 1987, c. 827, s. 10, effective August 13,
1987. (1973, c. 392, s. 5; c. 1331, s. 3; c. 1417, s. 6; 1975, 2nd Sess., c. 983, s. 74;
1977, c. 464, s. 35; 1979, c. 922, s. 2; 1983 (Reg. Sess., 1984), c. 1014, ss. 1, 2; 1987,
c. 827, s. 10; 1987 (Reg. Sess., 1988), c. 1000, s. 3; 1989, c. 676, s. 1; 1993 (Reg.
Sess., 1994), c. 776, s. 3; 2002-165, ss. 2.2, 2.3.)
113A-54.1. Approval of erosion control plans.
(a)
A draft erosion and sedimentation control plan must contain the applicant's
address and, if the applicant is not a resident of North Carolina, designate a North
Carolina agent for the purpose of receiving notice from the Commission or the
Secretary of compliance or noncompliance with the plan, this Article, or any rules
adopted pursuant to this Article. Except as provided in subsection (a1) of this section,
if the applicant is not the owner of the land to be disturbed, the draft erosion and
sedimentation control plan must include the owner's written consent for the applicant
to submit a draft erosion and sedimentation control plan and to conduct the anticipated
land-disturbing activity. The Commission shall approve, approve with modifications,
or disapprove a draft erosion and sedimentation control plan for those land-disturbing
activities for which prior plan approval is required within 30 days of receipt. The
Commission shall condition approval of a draft erosion and sedimentation control
plan upon the applicant's compliance with federal and State water quality laws,
regulations, and rules. Failure to approve, approve with modifications, or disapprove a
completed draft erosion and sedimentation control plan within 30 days of receipt shall
be deemed approval of the plan. If the Commission disapproves a draft erosion and
sedimentation control plan or a revised erosion and sedimentation control plan, it must
state in writing the specific reasons that the plan was disapproved. Failure to approve,
approve with modifications, or disapprove a revised erosion and sedimentation control
plan within 15 days of receipt shall be deemed approval of the plan. The Commission
may establish an expiration date for erosion and sedimentation control plans approved
under this Article.
(a1)
If the applicant is not the owner of the land to be disturbed and the
anticipated land-disturbing activity involves the construction of utility lines for the
provision of water, sewer, gas, telecommunications, or electrical service, the draft

erosion and sedimentation control plan may be submitted without the written consent
of the owner of the land, so long as the owner of the land has been provided prior
notice of the project.
(b)
If, following commencement of a land-disturbing activity pursuant to an
approved erosion and sedimentation control plan, the Commission determines that the
plan is inadequate to meet the requirements of this Article, the Commission may
require any revision of the plan that is necessary to comply with this Article. Failure
to approve, approve with modifications, or disapprove a revised erosion and
sedimentation control plan within 15 days of receipt shall be deemed approval of the
plan.
(c)
The Commission shall disapprove an erosion and sedimentation control
plan if implementation of the plan would result in a violation of rules adopted by the
Environmental Management Commission to protect riparian buffers along surface
waters. The Director of the Division of Energy, Mineral, and Land Resources may
disapprove an erosion and sedimentation control plan or disapprove a transfer of a
plan under subsection (d1) of this section upon finding that an applicant or a parent,
subsidiary, or other affiliate of the applicant:
(1)
Is conducting or has conducted land-disturbing activity without an
approved plan, or has received notice of violation of a plan
previously approved by the Commission or a local government
pursuant to this Article and has not complied with the notice within
the time specified in the notice;
(2)
Has failed to pay a civil penalty assessed pursuant to this Article or
a local ordinance adopted pursuant to this Article by the time the
payment is due;
(3)
Has been convicted of a misdemeanor pursuant to G.S. 113A-64(b)
or any criminal provision of a local ordinance adopted pursuant to
this Article; or
(4)
Has failed to substantially comply with State rules or local
ordinances and regulations adopted pursuant to this Article.
(d)
In the event that an erosion and sedimentation control plan or a transfer of
a plan is disapproved by the Director pursuant to subsection (c) of this section, the
Director shall state in writing the specific reasons that the plan was disapproved. The
applicant or the proposed transferee may appeal the Director's disapproval of the plan
to the Commission. For purposes of this subsection and subsection (c) of this section,
an applicant's record or a proposed transferee's record may be considered for only the
two years prior to the application date.
(d1)
The Department may transfer an erosion and sedimentation control plan
approved pursuant to this section without the consent of the plan holder to a
successor-owner of the property on which the permitted activity is occurring or will
occur as provided in this subsection:

(1)

The Department may transfer a plan if all of the following

conditions are met:
a.
The successor-owner of the property submits to the
Department a written request for the transfer of the plan and an
authorized statement of financial responsibility and ownership.
b.
The Department finds all of the following:
1.
The plan holder is one of the following:
I.
A natural person who is deceased.
II.
A partnership, limited liability corporation,
corporation, or any other business association
that has been dissolved.
III.
A person who has been lawfully and finally
divested of title to the property on which the
permitted activity is occurring or will occur.
IV.
A person who has sold the property on which
the permitted activity is occurring or will occur.
2.
The successor-owner holds title to the property on
which the permitted activity is occurring or will occur.
3.
The successor-owner is the sole claimant of the right to
engage in the permitted activity.
4.
There will be no substantial change in the permitted
activity.
(2)
The plan holder shall comply with all terms and conditions of the
plan until such time as the plan is transferred.
(3)
The successor-owner shall comply with all terms and conditions of
the plan once the plan has been transferred.
(4)
Notwithstanding changes to law made after the original issuance of
the plan, the Department may not impose new or different terms and
conditions in the plan without the prior express consent of the
successor-owner. Nothing in this subsection shall prevent the
Commission from requiring a revised plan pursuant to G.S. 113A54.1(b).
(e)
The landowner, the financially responsible party, or the landowner's or the
financially responsible party's agent shall perform an inspection of the area covered
by the plan after each phase of the plan has been completed and after establishment of
temporary ground cover in accordance with G.S. 113A-57(2). The person who
performs the inspection shall maintain and make available a record of the inspection
at the site of the land-disturbing activity. The record shall set out any significant
deviation from the approved erosion control plan, identify any measures that may be
required to correct the deviation, and document the completion of those measures. The
record shall be maintained until permanent ground cover has been established as

required by the approved erosion and sedimentation control plan. The inspections
required by this subsection shall be in addition to inspections required by G.S. 113A61.1. (1989, c. 676, s. 2; 1993 (Reg. Sess., 1994), c. 776, s. 4; 1998-221, s. 1.11(a);
1999-379, s. 1; 2005-386, s. 7.1; 2006-250, s. 1; 2011-394, s. 3; 2012-143, s. 1(f);
2013-121, s. 3.)
113A-54.2. Approval Fees.
(a)
An application fee of sixty-five dollars ($65.00) per acre of disturbed land
shown on an erosion and sedimentation control plan or of land actually disturbed
during the life of the project shall be charged for the review of an erosion and
sedimentation control plan under this Article.
(b)
The Sedimentation Account is established as a nonreverting account within
the Department. Fees collected under this section shall be credited to the Account and
shall be applied to the costs of administering this Article.
(c)
Repealed by Session Laws 1991 (Reg. Sess., 1992), c. 1039, s. 3.
(d)
This section may not limit the existing authority of local programs
approved pursuant to this Article to assess fees for the approval of erosion and
sedimentation control plans. (1989 (Reg. Sess., 1990), c. 906, s. 1; 1991 (Reg. Sess.,
1992), c. 1039, s. 3; 1993 (Reg. Sess., 1994), c. 776, s. 5; 1999-379, s. 5; 2002-165, s.
2.4; 2007-323, s. 30.1(a).)
113A-55. Authority of the Secretary.
The sedimentation control program developed by the Commission shall be
administered by the Secretary under the direction of the Commission. To this end the
Secretary shall employ the necessary clerical, technical, and administrative personnel,
and assign tasks to the various divisions of the Department for the purpose of
implementing this Article. The Secretary may bring enforcement actions pursuant to
G.S. 113A-64 and G.S. 113A-65. The Secretary shall make final agency decisions in
contested cases that arise from civil penalty assessments pursuant to G.S. 113A64. (1973, c. 392, s. 6, c. 1417, s. 3; 1993 (Reg. Sess., 1994), c. 776, s. 6.)
113A-56. Jurisdiction of the Commission.
(a)
The Commission shall have jurisdiction, to the exclusion of local
governments, to adopt rules concerning land-disturbing activities that are:
(1)
Conducted by the State.
(2)
Conducted by the United States.
(3)
Conducted by persons having the power of eminent domain other
than a local government.
(4)
Conducted by a local government.
(5)
Funded in whole or in part by the State or the United States.

(b)
The Commission may delegate the jurisdiction conferred by G.S. 113A56(a), in whole or in part, to any other State agency that has submitted an erosion and
sedimentation control program to be administered by it, if the program has been
approved by the Commission as being in conformity with the general State program.
(c)
The Commission shall have concurrent jurisdiction with local governments
that administer a delegated erosion and sedimentation control program over all other
land-disturbing activities. In addition to the authority granted to the Commission in
G.S. 113A-60(c), the Commission has the following authority with respect to a
delegated erosion and sedimentation control program:
(1)
To review erosion and sedimentation control plan approvals made
by a delegated erosion and sedimentation control program and to
require a revised plan if the Commission determines that a plan does
not comply with the requirements of this Article or the rules adopted
pursuant to this Article.
(2)
To review the compliance activities of a delegated erosion and
sedimentation control program and to take appropriate compliance
action if the Commission determines that the local government has
failed to take appropriate compliance action. (1973, c. 392, s. 7; c.
1417, s. 4; 1987, c. 827, s. 130; 1987 (Reg. Sess., 1988), c. 1000, s. 4;
2002-165, s. 2.5; 2006-250, s. 2.)
113A-57. Mandatory standards for land-disturbing activity.
No land-disturbing activity subject to this Article shall be undertaken except in
accordance with the following mandatory requirements:
(1)
No land-disturbing activity during periods of construction or
improvement to land shall be permitted in proximity to a lake or
natural watercourse unless a buffer zone is provided along the margin
of the watercourse of sufficient width to confine visible siltation
within the twenty-five percent (25%) of the buffer zone nearest the
land-disturbing activity. Waters that have been classified as trout
waters by the Environmental Management Commission shall have an
undisturbed buffer zone 25 feet wide or of sufficient width to confine
visible siltation within the twenty-five percent (25%) of the buffer
zone nearest the land-disturbing activity, whichever is greater.
Provided, however, that the Sedimentation Control Commission may
approve plans which include land-disturbing activity along trout
waters when the duration of said disturbance would be temporary and
the extent of said disturbance would be minimal. This subdivision
shall not apply to a land-disturbing activity in connection with the
construction of facilities to be located on, over, or under a lake or
natural watercourse.

(2)

(3)

(4)

(5)

The angle for graded slopes and fills shall be no greater than the
angle that can be retained by vegetative cover or other adequate
erosion-control devices or structures. In any event, slopes left
exposed will, within 21 calendar days of completion of any phase of
grading, be planted or otherwise provided with temporary or
permanent ground cover, devices, or structures sufficient to restrain
erosion.
Whenever land-disturbing activity that will disturb more than one
acre is undertaken on a tract, the person conducting the landdisturbing activity shall install erosion and sedimentation control
devices and practices that are sufficient to retain the sediment
generated by the land-disturbing activity within the boundaries of the
tract during construction upon and development of the tract, and shall
plant or otherwise provide a permanent ground cover sufficient to
restrain erosion after completion of construction or development
within a time period to be specified by rule of the Commission.
No person shall initiate any land-disturbing activity that will disturb
more than one acre on a tract unless, 30 or more days prior to
initiating the activity, an erosion and sedimentation control plan for
the activity is filed with the agency having jurisdiction and approved
by the agency. An erosion and sedimentation control plan may be
filed less than 30 days prior to initiation of a land-disturbing activity
if the plan is submitted under an approved express permit program,
and the land-disturbing activity may be initiated and conducted in
accordance with the plan once the plan has been approved. The
agency having jurisdiction shall forward to the Director of the
Division of Water Resources a copy of each erosion and
sedimentation control plan for a land-disturbing activity that involves
the utilization of ditches for the purpose of de-watering or lowering
the water table of the tract.
The land-disturbing activity shall be conducted in accordance with
the approved erosion and sedimentation control plan. (1973, c. 392,
s. 8; c. 1417, s. 5; 1975, c. 647, s. 2; 1979, c. 564; 1983 (Reg. Sess.,
1984), c. 1014, s. 3; 1987, c. 827, s. 131; 1989, c. 676, s. 3; 1991, c.
275, s. 2; 1998-99, s. 1; 1999-379, s. 2; 2002-165, s. 2.6; 2005-386, s.
7.2; 2005-443, s. 2; 2006-255, s. 2; 2006-264, s. 53(a); 2013-413, s.
57(f).)

113A-58. Enforcement authority of the Commission.

In implementing the provisions of this Article the Commission is authorized and
directed to:

(1)

(2)

Inspect or cause to be inspected the sites of land-disturbing activities

to determine whether applicable laws, regulations or erosion and
sedimentation control plans are being complied with;
Make requests, or delegate to the Secretary authority to make
requests, of the Attorney General or solicitors for prosecutions of
violations of this Article. (1973, c. 392, s. 9; 2002-165, s. 2.7.)

113A-59. Educational activities.

The Commission in conjunction with the soil and water conservation districts, the
North Carolina Agricultural Extension Service, and other appropriate State and
federal agencies shall conduct educational programs in erosion and sedimentation
control, such programs to be directed towards State and local governmental officials,
persons engaged in land-disturbing activities, and interested citizen groups. (1973, c.
392, s. 10.)
113A-60. Local erosion and sedimentation control programs.
(a)
A local government may submit to the Commission for its approval an
erosion and sedimentation control program for its jurisdiction, and to this end local
governments are authorized to adopt ordinances and regulations necessary to establish
and enforce erosion and sedimentation control programs. An ordinance adopted by a
local government may establish a fee for the review of an erosion and sedimentation
control plan and related activities. Local governments are authorized to create or
designate agencies or subdivisions of local government to administer and enforce the
programs. An ordinance adopted by a local government shall at least meet and may
exceed the minimum requirements of this Article and the rules adopted pursuant to
this Article. Two or more units of local government are authorized to establish a joint
program and to enter into any agreements that are necessary for the proper
administration and enforcement of the program. The resolutions establishing any joint
program must be duly recorded in the minutes of the governing body of each unit of
local government participating in the program, and a certified copy of each resolution
must be filed with the Commission.
(b)
The Commission shall review each program submitted and within 90 days
of receipt thereof shall notify the local government submitting the program that it has
been approved, approved with modifications, or disapproved. The Commission shall
only approve a program upon determining that its standards equal or exceed those of
this Article and rules adopted pursuant to this Article.
(c)
If the Commission determines that any local government is failing to
administer or enforce an approved erosion and sedimentation control program, it shall
notify the local government in writing and shall specify the deficiencies of
administration and enforcement. If the local government has not taken corrective
action within 30 days of receipt of notification from the Commission, the Commission

shall assume administration and enforcement of the program until such time as the
local government indicates its willingness and ability to resume administration and
enforcement of the program.
(d)
A local government may submit to the Commission for its approval a
limited erosion and sedimentation control program for its jurisdiction that grants the
local government the responsibility only for the assessment and collection of fees and
for the inspection of land-disturbing activities within the jurisdiction of the local
government. The Commission shall be responsible for the administration and
enforcement of all other components of the erosion and sedimentation control
program and the requirements of this Article. The local government may adopt
ordinances and regulations necessary to establish a limited erosion and sedimentation
control program. An ordinance adopted by a local government that establishes a
limited program shall conform to the minimum requirements regarding the inspection
of land-disturbing activities of this Article and the rules adopted pursuant to this
Article regarding the inspection of land-disturbing activities. The local government
shall establish and collect a fee to be paid by each person who submits an erosion and
sedimentation control plan to the local government. The amount of the fee shall be an
amount equal to eighty percent (80%) of the amount established by the Commission
pursuant to G.S. 113A-54.2(a) plus any amount that the local government requires to
cover the cost of inspection and program administration activities by the local
government. The total fee shall not exceed one hundred dollars ($100.00) per acre. A
local government that administers a limited erosion and sedimentation control
program shall pay to the Commission the portion of the fee that equals eighty percent
(80%) of the fee established pursuant to G.S. 113A-54.2(a) to cover the cost to the
Commission for the administration and enforcement of other components of the
erosion and sedimentation control program. Fees paid to the Commission by a local
government shall be deposited in the Sedimentation Account established by G.S.
113A-54.2(b). A local government that administers a limited erosion and
sedimentation control program and that receives an erosion control plan and fee under
this subsection shall immediately transmit the plan to the Commission for review. A
local government may create or designate agencies or subdivisions of the local
government to administer the limited program. Two or more units of local
government may establish a joint limited program and enter into any agreements
necessary for the proper administration of the limited program. The resolutions
establishing any joint limited program must be duly recorded in the minutes of the
governing body of each unit of local government participating in the limited program,
and a certified copy of each resolution must be filed with the Commission.
Subsections (b) and (c) of this section apply to the approval and oversight of limited
programs.
(e)
Notwithstanding G.S. 113A-61.1, a local government with a limited
erosion and sedimentation control program shall not issue a notice of violation if

inspection indicates that the person engaged in land-disturbing activity has failed to
comply with this Article, rules adopted pursuant to this Article, or an approved
erosion and sedimentation control plan. The local government shall notify the
Commission if any person has initiated land-disturbing activity for which an erosion
and sedimentation control plan is required in the absence of an approved plan. If a
local government with a limited program determines that a person engaged in a landdisturbing activity has failed to comply with an approved erosion and sedimentation
control plan, the local government shall refer the matter to the Commission for
inspection and enforcement pursuant to G.S. 113A-61.1. (1973, c. 392, s. 11; 1993
(Reg. Sess., 1994), c. 776, s. 7; 2002-165, s. 2.8; 2006-250, s. 3.)
113A-61. Local approval of erosion and sedimentation control plans.
(a)
For those land-disturbing activities for which prior approval of an erosion
and sedimentation control plan is required, the Commission may require that a local
government that administers an erosion and sedimentation control program approved
under G.S. 113A-60 require the applicant to submit a copy of the erosion and
sedimentation control plan to the appropriate soil and water conservation district or
districts at the same time the applicant submits the erosion and sedimentation control
plan to the local government for approval. The soil and water conservation district or
districts shall review the plan and submit any comments and recommendations to the
local government within 20 days after the soil and water conservation district received
the erosion and sedimentation control plan or within any shorter period of time as may
be agreed upon by the soil and water conservation district and the local government.
Failure of a soil and water conservation district to submit comments and
recommendations within 20 days or within agreed upon shorter period of time shall
not delay final action on the proposed plan by the local government.
(b)
Local governments shall review each erosion and sedimentation control
plan submitted to them and within 30 days of receipt thereof shall notify the person
submitting the plan that it has been approved, approved with modifications, or
disapproved. A local government shall only approve a plan upon determining that it
complies with all applicable State and local regulations for erosion and sedimentation
control.
(b1)
A local government shall condition approval of a draft erosion and
sedimentation control plan upon the applicant's compliance with federal and State
water quality laws, regulations, and rules. A local government shall disapprove an
erosion and sedimentation control plan if implementation of the plan would result in a
violation of rules adopted by the Environmental Management Commission to protect
riparian buffers along surface waters. A local government may disapprove an erosion
and sedimentation control plan or disapprove a transfer of a plan under subsection
(b3) of this section upon finding that an applicant or a parent, subsidiary, or other
affiliate of the applicant:

(1)

Is conducting or has conducted land-disturbing activity without an

approved plan, or has received notice of violation of a plan
previously approved by the Commission or a local government
pursuant to this Article and has not complied with the notice within
the time specified in the notice.
(2)
Has failed to pay a civil penalty assessed pursuant to this Article or
a local ordinance adopted pursuant to this Article by the time the
payment is due.
(3)
Has been convicted of a misdemeanor pursuant to G.S. 113A-64(b)
or any criminal provision of a local ordinance adopted pursuant to
this Article.
(4)
Has failed to substantially comply with State rules or local
ordinances and regulations adopted pursuant to this Article.
(b2)
In the event that an erosion and sedimentation control plan or a transfer of
a plan is disapproved by a local government pursuant to subsection (b1) of this
section, the local government shall so notify the Director of the Division of Energy,
Mineral, and Land Resources within 10 days of the disapproval. The local government
shall advise the applicant or the proposed transferee and the Director in writing as to
the specific reasons that the plan was disapproved. Notwithstanding the provisions of
subsection (c) of this section, the applicant may appeal the local government's
disapproval of the plan directly to the Commission. For purposes of this subsection
and subsection (b1) of this section, an applicant's record or the proposed transferee's
record may be considered for only the two years prior to the application date.
(b3)
A local government administering an erosion and sedimentation control
program may transfer an erosion and sedimentation control plan approved pursuant to
this section without the consent of the plan holder to a successor-owner of the
property on which the permitted activity is occurring or will occur as provided in this
subsection:
(1)
The local government may transfer a plan if all of the following
conditions are met:
a.
The successor-owner of the property submits to the local
government a written request for the transfer of the plan and an
authorized statement of financial responsibility and ownership.
b.
The local government finds all of the following:
1.
The plan holder is one of the following:
I.
A natural person who is deceased.
II.
A partnership, limited liability corporation,
corporation, or any other business association
that has been dissolved.

III.

A person who has been lawfully and finally

divested of title to the property on which the
permitted activity is occurring or will occur.
IV.
A person who has sold the property on which
the permitted activity is occurring or will occur.
2.
The successor-owner holds title to the property on
which the permitted activity is occurring or will occur.
3.
The successor-owner is the sole claimant of the right to
engage in the permitted activity.
4.
There will be no substantial change in the permitted
activity.
(2)
The plan holder shall comply with all terms and conditions of the
plan until such time as the plan is transferred.
(3)
The successor-owner shall comply with all terms and conditions of
the plan once the plan has been transferred.
(4)
Notwithstanding changes to law made after the original issuance of
the plan, the local government may not impose new or different terms
and conditions in the plan without the prior express consent of the
successor-owner. Nothing in this subsection shall prevent the local
government from requiring a revised plan pursuant to G.S. 113A54.1(b).
(c)
The disapproval or modification of any proposed erosion and
sedimentation control plan by a local government shall entitle the person submitting
the plan to a public hearing if the person submits written demand for a hearing within
15 days after receipt of written notice of the disapproval or modification. The hearings
shall be conducted pursuant to procedures adopted by the local government. If the
local government upholds the disapproval or modification of a proposed erosion and
sedimentation control plan following the public hearing, the person submitting the
erosion and sedimentation control plan is entitled to appeal the local government's
action disapproving or modifying the plan to the Commission. The Commission, by
regulation, shall direct the Secretary to appoint such employees of the Department as
may be necessary to hear appeals from the disapproval or modification of erosion and
sedimentation control plans by local governments. In addition to providing for the
appeal of local government decisions disapproving or modifying erosion and
sedimentation control plans to designated employees of the Department, the
Commission shall designate an erosion and sedimentation control plan review
committee consisting of three members of the Commission. The person submitting the
erosion and sedimentation control plan may appeal the decision of an employee of the
Department who has heard an appeal of a local government action disapproving or
modifying an erosion and sedimentation control plan to the erosion and sedimentation
control plan review committee of the Commission. Judicial review of the final action

of the erosion and sedimentation control plan review committee of the Commission
may be had in the superior court of the county in which the local government is
situated.
(d)
Repealed by Session Laws 1989, c. 676, s. 4. (1973, c. 392, s. 12; 1979, c.
922, s. 1; 1989, c. 676, s. 4; 1993 (Reg. Sess., 1994), c. 776, ss. 8, 9; 1998-221, s.
1.11(b); 1999-379, s. 3; 2002-165, s. 2.9; 2012-143, s. 1(f); 2013-121, s. 4.)
113A-61.1. Inspection of land-disturbing activity; notice of violation.
(a)
The Commission, a local government that administers an erosion and
sedimentation control program approved under G.S. 113A-60, or other approving
authority shall provide for inspection of land-disturbing activities to ensure
compliance with this Article and to determine whether the measures required in an
erosion and sedimentation control plan are effective in controlling erosion and
sedimentation resulting from the land-disturbing activity. Notice of this right of
inspection shall be included in the certificate of approval of each erosion and
sedimentation control plan.
(b)
No person shall willfully resist, delay, or obstruct an authorized
representative of the Commission, an authorized representative of a local government,
or an employee or an agent of the Department while the representative, employee, or
agent is inspecting or attempting to inspect a land-disturbing activity under this
section.
(c)
If the Secretary, a local government that administers an erosion and
sedimentation control program approved under G.S. 113A-60, or other approving
authority determines that the person engaged in the land-disturbing activity has failed
to comply with this Article, the Secretary, local government, or other approving
authority shall immediately serve a notice of violation upon that person. The notice
may be served by any means authorized under G.S. 1A-1, Rule 4. A notice of
violation shall specify a date by which the person must comply with this Article and
inform the person of the actions that need to be taken to comply with this Article. Any
person who fails to comply within the time specified is subject to additional civil and
criminal penalties for a continuing violation as provided in G.S. 113A-64. (1989, c.
676, s. 5; 1993 (Reg. Sess., 1994), c. 776, s. 10; 1999-379, s. 6; 2002-165, s. 2.10.)
113A-62. Cooperation with the United States.
The Commission is authorized to cooperate and enter into agreements with any
agency of the United States government in connection with plans for erosion and
sedimentation control with respect to land-disturbing activities on lands that are under
the jurisdiction of such agency. (1973, c. 392, s. 13; 2002-165, s. 2.11.)
113A-63. Financial and other assistance.

The Commission and local governments are authorized to receive from federal,
State, and other public and private sources financial, technical, and other assistance
for use in accomplishing the purposes of this Article.(1973, c. 392, s. 14.)
113A-64. Penalties.
(a)
Civil Penalties. (1)
Any person who violates any of the provisions of this Article or any
ordinance, rule, or order adopted or issued pursuant to this Article by
the Commission or by a local government, or who initiates or
continues a land-disturbing activity for which an erosion and
sedimentation control plan is required except in accordance with the
terms, conditions, and provisions of an approved plan, is subject to a
civil penalty. The maximum civil penalty for a violation is five
thousand dollars ($5,000). A civil penalty may be assessed from the
date of the violation. Each day of a continuing violation shall
constitute a separate violation.
(2)
The Secretary or a local government that administers an erosion and
sedimentation control program approved under G.S. 113A-60 shall
determine the amount of the civil penalty and shall notify the person
who is assessed the civil penalty of the amount of the penalty and the
reason for assessing the penalty. The notice of assessment shall be
served by any means authorized under G.S. 1A-1. A notice of
assessment by the Secretary shall direct the violator to either pay the
assessment or contest the assessment within 30 days by filing a
petition for a contested case under Article 3 of Chapter 150B of the
General Statutes. If a violator does not pay a civil penalty assessed by
the Secretary within 30 days after it is due, the Department shall
request the Attorney General to institute a civil action to recover the
amount of the assessment. A notice of assessment by a local
government shall direct the violator to either pay the assessment or
contest the assessment within 30 days by filing a petition for hearing
with the local government as directed by procedures within the local
ordinances or regulations adopted to establish and enforce the erosion
and sedimentation control program. If a violator does not pay a civil
penalty assessed by a local government within 30 days after it is due,
the local government may institute a civil action to recover the
amount of the assessment. The civil action may be brought in the
superior court of any county where the violation occurred or the
violator's residence or principal place of business is located. A civil
action must be filed within three years of the date the assessment was
due. An assessment that is not contested is due when the violator is

served with a notice of assessment. An assessment that is contested is

due at the conclusion of the administrative and judicial review of the
assessment.
(3)
In determining the amount of the penalty, the Secretary or a local
government shall consider the degree and extent of harm caused by
the violation, the cost of rectifying the damage, the amount of money
the violator saved by noncompliance, whether the violation was
committed willfully and the prior record of the violator in complying
or failing to comply with this Article, or any ordinance, rule, or order
adopted or issued pursuant to this Article by the Commission or by a
local government.
(4)
Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 776, s. 11.
(5)
The clear proceeds of civil penalties collected by the Department or
other State agency or a local government under this subsection shall
be remitted to the Civil Penalty and Forfeiture Fund in accordance
with G.S. 115C-457.2.
(b)
Criminal Penalties. - Any person who knowingly or willfully violates any
provision of this Article or any ordinance, rule, regulation, or order duly adopted or
issued by the Commission or a local government, or who knowingly or willfully
initiates or continues a land-disturbing activity for which an erosion and
sedimentation control plan is required, except in accordance with the terms,
conditions, and provisions of an approved plan, shall be guilty of a Class 2
misdemeanor that may include a fine not to exceed five thousand dollars
($5,000). (1973, c. 392, s. 15; 1977, c. 852; 1987, c. 246, s. 3; 1987 (Reg. Sess.,
1988), c. 1000, s. 5; 1989, c. 676, s. 6; 1991, c. 412, s. 2; c. 725, s. 5; 1993, c. 539, s.
873; 1994, Ex. Sess., c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c. 776, s. 11; 1998-215,
s. 52; 1999-379, s. 4; 2002-165, s. 2.12; 2013-413, s. 33.)
113A-64.1. Restoration of areas affected by failure to comply.
The Secretary or a local government that administers a local erosion and
sedimentation control program approved under G.S. 113A-60 may require a person
who engaged in a land-disturbing activity and failed to retain sediment generated by
the activity, as required by G.S. 113A-57(3), to restore the waters and land affected by
the failure so as to minimize the detrimental effects of the resulting pollution by
sedimentation. This authority is in addition to any other civil or criminal penalty or
injunctive relief authorized under this Article. (1993 (Reg. Sess., 1994), c. 776, s. 12;
2002-165, s. 2.13.)
113A-65. Injunctive relief.
(a)
Violation of State Program. - Whenever the Secretary has reasonable cause
to believe that any person is violating or is threatening to violate the requirements of

this Article he may, either before or after the institution of any other action or
proceeding authorized by this Article, institute a civil action for injunctive relief to
restrain the violation or threatened violation. The action shall be brought in the
superior court of the county in which the violation or threatened violation is occurring
or about to occur, and shall be in the name of the State upon the relation of the
Secretary.
(b)
Violation of Local Program. - Whenever the governing body of a local
government having jurisdiction has reasonable cause to believe that any person is
violating or is threatening to violate any ordinance, rule, regulation, or order adopted
or issued by the local government pursuant to this Article, or any term, condition or
provision of an erosion and sedimentation control plan over which it has jurisdiction,
may, either before or after the institution of any other action or proceeding authorized
by this Article, institute a civil action in the name of the local government for
injunctive relief to restrain the violation or threatened violation. The action shall be
brought in the superior court of the county in which the violation is occurring or is
threatened.
(c)
Abatement, etc., of Violation. - Upon determination by a court that an
alleged violation is occurring or is threatened, the court shall enter any order or
judgment that is necessary to abate the violation, to ensure that restoration is
performed, or to prevent the threatened violation. The institution of an action for
injunctive relief under subsections (a) or (b) of this section shall not relieve any party
to the proceeding from any civil or criminal penalty prescribed for violations of this
Article. (1973, c. 392, s. 16; 1993 (Reg. Sess., 1994), c. 776, s. 13; 2002-165, s. 2.14.)
113A-65.1. Stop-work orders.
(a)
The Secretary may issue a stop-work order if he finds that a landdisturbing activity is being conducted in violation of this Article or of any rule
adopted or order issued pursuant to this Article, that the violation is knowing and
willful, and that either:
(1)
Off-site sedimentation has eliminated or severely degraded a use in
a lake or natural watercourse or that such degradation is imminent.
(2)
Off-site sedimentation has caused severe damage to adjacent land or
that such damage is imminent.
(3)
The land-disturbing activity is being conducted without an approved
plan.
(b)
The stop-work order shall be in writing and shall state what work is to be
stopped and what measures are required to abate the violation. The order shall include
a statement of the findings made by the Secretary pursuant to subsection (a) of this
section, and shall list the conditions under which work that has been stopped by the
order may be resumed. The delivery of equipment and materials which does not

contribute to the violation may continue while the stop-work order is in effect. A copy
of this section shall be attached to the order.
(c)
The stop-work order shall be served by the sheriff of the county in which
the land-disturbing activity is being conducted or by some other person duly
authorized by law to serve process as provided by G.S. 1A-1, Rule 4, and shall be
served on the person at the site of the land-disturbing activity who is in operational
control of the land-disturbing activity. The sheriff or other person duly authorized by
law to serve process shall post a copy of the stop-work order in a conspicuous place at
the site of the land-disturbing activity. The Department shall also deliver a copy of the
stop-work order to any person that the Department has reason to believe may be
responsible for the violation.
(d)
The directives of a stop-work order become effective upon service of the
order. Thereafter, any person notified of the stop-work order who violates any of the
directives set out in the order may be assessed a civil penalty as provided in G.S.
113A-64(a). A stop-work order issued pursuant to this section may be issued for a
period not to exceed five days.
(e)
The Secretary shall designate an employee of the Department to monitor
compliance with the stop-work order. The name of the employee so designated shall
be included in the stop-work order. The employee so designated, or the Secretary,
shall rescind the stop-work order if all the violations for which the stop-work order are
issued are corrected, no other violations have occurred, and all measures necessary to
abate the violations have been taken. The Secretary shall rescind a stop-work order
that is issued in error.
(f)
The issuance of a stop-work order shall be a final agency decision subject
to judicial review in the same manner as an order in a contested case pursuant to
Article 4 of Chapter 150B of the General Statutes. The petition for judicial review
shall be filed in the superior court of the county in which the land-disturbing activity
is being conducted.
(g)
As used in this section, days are computed as provided in G.S. 1A-1, Rule
6. Except as otherwise provided, the Secretary may delegate any power or duty under
this section to the Director of the Division of Energy, Mineral, and Land Resources of
the Department or to any person who has supervisory authority over the Director. The
Director may delegate any power or duty so delegated only to a person who is
designated as acting Director.
(h)
The Attorney General shall file a cause of action to abate the violations
which resulted in the issuance of a stop-work order within two business days of the
service of the stop-work order. The cause of action shall include a motion for an ex
parte temporary restraining order to abate the violation and to effect necessary
remedial measures. The resident superior court judge, or any judge assigned to hear
the motion for the temporary restraining order, shall hear and determine the motion
within two days of the filing of the complaint. The clerk of superior court shall accept

complaints filed pursuant to this section without the payment of filing fees. Filing fees
shall be paid to the clerk of superior court within 30 days of the filing of the
complaint. (1991, c. 412, s. 1; 1998-99, s. 2; 2005-386, s. 7.3; 2012-143, s. 1(f).)
113A-66. Civil relief.
(a)
Any person injured by a violation of this Article or any ordinance, rule, or
order duly adopted by the Secretary or a local government, or by the initiation or
continuation of a land-disturbing activity for which an erosion and sedimentation
control plan is required other than in accordance with the terms, conditions, and
provisions of an approved plan, may bring a civil action against the person alleged to
be in violation (including the State and any local government). The action may seek
any of the following:
(1)
Injunctive relief.
(2)
An order enforcing the law, rule, ordinance, order, or erosion and
sedimentation control plan violated.
(3)
Damages caused by the violation.
(4)
Repealed by Session Laws 2002-165, s. 2.15, effective October 23,
2002.
If the amount of actual damages as found by the court or jury in suits brought
under this subsection is five thousand dollars ($5,000) or less, the plaintiff shall be
awarded costs of litigation including reasonable attorneys fees and expert witness
fees.
(b)
Civil actions under this section shall be brought in the superior court of the
county in which the alleged violations occurred.
(c)
The court, in issuing any final order in any action brought pursuant to this
section may award costs of litigation (including reasonable attorney and expertwitness fees) to any party, whenever it determines that such an award is appropriate.
The court may, if a temporary restraining order or preliminary injunction is sought,
require, the filing of a bond or equivalent security, the amount of such bond or
security to be determined by the court.
(d)
Nothing in this section shall restrict any right which any person (or class of
persons) may have under any statute or common law to seek injunctive or other
relief. (1973, c. 392, s. 17; 1987 (Reg. Sess., 1988), c. 1000, s. 6; 2002-165, s. 2.15.)
113A-67. Annual Report.
The Department shall report to the Environmental Review Commission on the
implementation of this Article on or before 1 October of each year. The Department
shall include in the report an analysis of how the implementation of the Sedimentation
Pollution Control Act of 1973 is affecting activities that contribute to the
sedimentation of streams, rivers, lakes, and other waters of the State. The report shall

also include a review of the effectiveness of local erosion and sedimentation control
programs. (2004-195, s. 2.1.)
113A-68: Reserved for future codification purposes.
113A-69: Reserved for future codification purposes.